Odours and Smoke in a Condominium: Limits and Remedies

Odour nuisances in a condominium are governed by Article 844 of the Italian Civil Code, the same rule that covers noise, smoke and vibrations between neighbouring properties. An owner cannot stop every smell coming from the flat next door or from a ground floor business, but can demand that it ceases when it exceeds normal tolerability, assessed in the light of local conditions. When cooking smells, chimney smoke or exhaust from a commercial unit become constant and unbearable, there are concrete tools to make them stop.

What Article 844 of the Italian Civil Code says

Article 844 states that the owner of a property cannot prevent smoke, heat, exhalations, noise and similar emissions from a neighbour's property if they do not exceed normal tolerability. When applying the rule, the judge must balance the needs of production against the reasons of ownership and may take into account the priority of a given use. Smells fall squarely within the category of exhalations: case law treats them as immaterial emissions subject to the same test as noise.

Tolerability is not a fixed value: it depends on the context. A smell that is acceptable in an area with many restaurants may be intolerable in a quiet residential setting. The benchmark is the average person living in that place, not the particular sensitivity of the person complaining.

The most common sources of offensive smells

• Kitchen exhaust from flats without a suitable flue or with hoods discharging into the courtyard
• Smoke from fireplaces and wood stoves with poor draught or chimney tops that are too low
• Frying, oven and kitchen smells from restaurants, pizzerias and bars on the ground floor
• Fumes from rooms used as waste storage, damp cellars or garages with humidity and mould
• Smoke and smells from barbecues used frequently on balconies
• Emissions from craft activities such as laundries, hairdressers or small workshops

The comparative test and background odour

To decide whether a smell is tolerable, judges often use the comparative test: the level of the emission is compared with the typical background level of the area. If the perceived smell is appreciably higher than what is normally present in the setting, the threshold is presumed to be exceeded. Unlike noise, smells have no standardised measuring instruments that are binding in every case, so the technical expert report and the overall assessment of the circumstances carry great weight.

How to gather evidence before acting

Because smells are hard to document, evidence must be built carefully. A solid file makes it far easier to prevail, both in mediation and in court.

• Keep a detailed log with dates, times, duration and intensity of the emissions
• Collect statements from several owners who perceive the same nuisance
• Report in writing to the manager and the responsible party, keeping the messages
• Where useful, ask the regional environmental agency or municipal technicians to assess health and hygiene aspects
• Keep photographs of flues, hoods or chimney tops that are clearly irregular

The role of the manager and the regulation

Under Article 1130 of the Italian Civil Code the condominium manager must ensure compliance with the regulation and govern the use of common property. If the regulation expressly bans offensive emissions or the installation of discharges towards common areas, the manager can formally warn the defaulting owner and, following a resolution of the owners' meeting, act to stop the abuse. Many regulations contain clauses requiring owners not to cause nuisance through smells, smoke or fumes: enforcing them is often the quickest route.

Remedies: from mediation to the judge

Disputes over emissions are subject to mandatory mediation before a civil action can be started. In mediation the parties can agree to modify the system, install filters or raise the chimney top. If no agreement is reached, the judge can order the emissions to cease, require the necessary technical measures and award damages, including non-financial harm, when the liveability of the home is impaired. Where the smell amounts to a danger to public health, criminal aspects linked to the dangerous release of substances may arise.

Managing reports in an orderly way

For a manager, tracking reports of offensive smells, the warnings sent and the replies received is essential to prove due diligence. With AmministraPro you can record communications, attach photos and documents and keep the history of every case shared with the owners involved. To see which tools are included, visit the /funzioni page, while plans and costs are set out on the /prezzi page.